Confidential Communication


Also found in: Dictionary, Thesaurus, Medical, Encyclopedia, Wikipedia.

Confidential Communication

A form of Privileged Communication passed from one individual to another, intended to be heard only by the individual addressed.

A confidential communication is ordinarily between two people who are affiliated in a confidential relation, such as an attorney and client, Husband and Wife, or Master and Servant.

If this type of communication is made in the presence of a third party, whose presence is not necessary for such communication, it is not considered privileged. In certain cases, the presence of a third party might be required, as where there is a language barrier such that one of the individuals engaged in the confidential communication needs an interpreter.

Cross-references

Attorney-Client Privilege; Marital Communications Privilege; Physician-Patient Privilege.

confidential communication

n. certain written communications which can be kept confidential and need not be disclosed in court as evidence, answered by a witness either in depositions or trial, or provided to the parties to a lawsuit or their attorneys. This is based on the inherent private relationship between the person communicating and the confidante's occupation or relationship to him/her. They include communications between husband and wife, lawyer and client, physician or other medical person (most therapists) and patient, minister or priest and parishioner (or anyone seeking spiritual help), and journalist and source in some states. Moral conflicts may arise when a murderer or child molester confesses to his/her priest, who is pledged to silence and confidentiality by his priestly vows, and cannot reveal the confession in legal cases. (See: privileged communication, attorney-client privilege)

References in periodicals archive ?
Besides, their scheme is weak to resist the impersonation attacks and cannot provide confidential communication. In fact, an adversary can not only masquerade as a registered user and the authorized server but can also read the confidential communication by computing the agreed session key.
"CPLR 4503(a) states that a privilege exists for confidential communications made between attorney and client in the course of professional employment, and CPLR 3101 (b) vests privileged matter with absolute immunity" (Spectrum Sys.
Secretly recording a confidential communication -- defined by the California Penal Code as any communication carried on in circumstances reasonably indicating that one or more of the parties desires it to be confined to the parties to the communication -- is punishable by up to a $2,500 fine or imprisonment of up to a year, or both.
Confidential communication can be disclosed only to protect life, prevent bodily harm, or investigate or prosecute serious crimes, or in proceedings where the client has first presented evidence involving confidential communication.
The service is used by financial institutions to securely deliver, track and archive confidential communication to borrowers, investors, attorneys, title companies and closing agents--all with verifiable proof of delivery.
Realizing the importance of upward and confidential communication, SOX encourages this type of "whistle blowing" by motivating publicly held companies to have a more open culture--one sympathetic to employees speaking up if they have a "reasonable belief " that a law has been violated.
In the end, it was open and confidential communication that prevented a similar incident at New Bedford High School in Massachusetts in late November.
In addition to fire walls and passwords, many groups and individuals will ultimately adopt digital certificates, which will enable the secure, confidential communication between parties," he said.
If so the individual is said to personify the entity and the privilege would apply to protect from disclosure the confidential communication between that individual and the entity's attorney.
It could be debated whether one or all of the Justices who are part of a confidential communication should consent to its disclosure, but the notion that a clerk has authority to make this determination on par with that of a Justice is absurd.
Butorac adds, after the entire donation process has finished, there can be confidential communication between the two parties through the organ bank.

Full browser ?